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Shane v. Blair6/26/2003
om out-of-area experts who adequately familiarize themselves with standards and practices of relevant area); see also Perry, 134 Idaho at 51, 995 P.2d at 821 (noting out-of-area expert may obtain knowledge of local standard of care by consulting with specialist who has personal knowledge of local standard of care). Because of Coleman's personal knowledge of the standard of care in Pocatello in 1997, the foundational requirements for both Coleman's and Esses's affidavits have been satisfied. See I.R.C.P.56(e).
IV. CONCLUSION
This case does not present a situation where an out-of-area doctor is required to become familiar with the local standard of care by consulting with local physicians. Instead, this case deals with a doctor who was already familiar with the standard of care in Pocatello in 1997 based on forty years of experience in dealing with Pocatello orthopedic surgeons. Because Coleman's significant amount of experience demonstrates the requisite personal knowledge of the relevant standard of care in Pocatello in 1997, his affidavit is admissible. Also, Esses's fourth affidavit is admissible, as it satisfies the requirement that an out-of-area expert obtain knowledge of the local standard of care by consulting with a doctor familiar with the local standard of care. Because of our resolution of the issue above, we need not address the other issues raised by the parties.
The affidavits of Coleman and Esses create a genuine issue of material fact, and summary judgment was therefore inappropriate. The district judge's grant of summary judgment is vacated and this case is remanded for further proceedings. We award costs on appeal to Shane.
Justices SCHROEDER, WALTERS, KIDWELL and EISMANN, CONCUR.
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